206 So. 3d 974 - State ex rel. W.B.’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A suspect is "in custody" when placed under formal arrest or when a reasonable person in the suspect's position would have understood the situation to constitute a restraint of freedom of movement of the degree associated with formal arrest. State v. Stewart , 13-0779, p. 10 (La. App. 4 Cir. 1/22/14), 133 So.3d 166 ; (citations omitted). Furthermore, courts have found that Miranda warnings are "not required when officers conduct preliminary, non-custodial, on-the-scene questioning to determine whether a crime has been committed, unless the accused is subjected to arrest or a significant restraint short of formal arrest." State v. Riley , 15-0309 (La. App. 4 Cir. 9/30/15) ( unpub .) 2015 WL 5771996 . * * * "Interrogation" under Miranda includes express questioning by law enforcement as well as "any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect." State in the Interest of S.L. , 11-883, p. 18 (La. App. 5 Cir. 4/24/12), 94 So.3d 822 , 836. "Police officers are not obliged to ignore spontaneous and unsolicited statements by someone in custody, as long as the statements do not result from police-initiated custodial interrogation or questioning 'reasonably likely to elicit an incriminating response.' " S.L. , 11-883 at p. 19, 94 So.3d at 836 (citing State v. Ross , 95-1798 (La. 3/8/96), 669 So.2d 384 , 386 ).”

   1 later decision quote this exact passage
   e.g. 245 So. 3d 15 - State v. Brazell

2. “A. A confession made by an accused child without a knowing and voluntary waiver shall not be admissible unless the state proves beyond a reasonable doubt that it was free and voluntarily given and was not made under the influence of fear, duress, intimidation, menaces, threats, inducements, or promises. B. In making this determination, the court shall consider all of the following: (1)The age of the child. (2) The education of the child. (3) The knowledge of the child as to both the substance of the charge, if any has been filed, and the nature of his rights to consult with an attorney and to remain silent. (4) Whether the child is held incommunicado or allowed to' consult with relatives, friends, or an attorney. (5) Whether the child was interrogated before or after formal charges had been filed. (6) The methods used in the interrogation. (7) The length of the interrogation. (8) Whether or not the child refused to voluntarily give statements on prior occasions. (9) Whether the child has repudiated an extra-judicial statement at a later date.”

   1 later decision quote this exact passage
   e.g. 214 So. 3d 92 - State ex rel. D.H.

3. “when placed under formal arrest or when a reasonable person in the suspect's position would have understood the situation to constitute a restraint of freedom of movement of the degree associated with formal arrest. State v. Stewart , 13-0779, p. 10 (La. App. 4 Cir. 1/22/14), 133 So.3d 166 ; (citations omitted). Furthermore, courts have found that Miranda warnings are”

   1 later decision quote this exact passage
   e.g. 245 So. 3d 15 - State v. Brazell